Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Compliant filed before expiry of 15 days - Cannot be treated as legally constituted complaint in the eyes of law - Proceedings initiated on the basis of such pre-mature complaint liable to be quashed - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Provision of S.141 of the Act refers to company and has no application in relation to dishonour of cheques issued by proprietary concern...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Complaint against proprietor without impleading firm as party - Complaint is maintainable as proprietor himself is liable to pay amount of cheque as accused and complainant were having business transaction and cheque issued by accused (proprietor of firm) is in furtherance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Plea that accused with her husband approached complainant for loan - Husband of accused missing from last so many years - Accused was in school at Gangrar from 10.30 am to 4.30 pm, on the date of advancing loan, therefore it is not believable that she approached complainant for borrowing the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389(1) -- Dishonour of cheque - Conviction - Appeal against - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.20,000/- - Pre condition of depositing part of compensation cannot be imposed while exercising power u/s 389(1) Cr.P.C. - Condition of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 421(1) -- Dishonour of cheque - Conviction - Order to pay compensation with default clause to undergo imprisonment - Compensation not paid and default sentence undergone - Held, even though default sentence has been suffered, yet compensation is recoverable in the manner provided u/s..........
Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - Territorial jurisdiction - Cheque presented and dishonoured at Rohtak - Merely because cheque was issued from Bank at Chennai, it will be tortious to call upon complainant to file his case at Chennai - Thus, Court at Rohtak has territorial jurisdiction to try criminal complaint...........
Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - Amendment of S.142-A of the Act w.e.f. 15.06.2015 - Amendment is retrospective in nature...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appreciation of evidence - Complainant specifically stated in cross examination that accused filled cheque in his own writing and delivered same to him on different date but writing over cheque can be judged from naked eye that name of complainant firm and amount is not filled..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Challenge to order taking cognizance and quashing of complaint - Factual matrix of case - Can be decided by trial Court and not by way of criminal misc. petition - Petition disposed off with direction to petitioner to take these objections before trial Court...........
